Drop in Motorcyclist Deaths Linked to Bad Economy

Decrease in Motorcyle Deaths

Teen girls catching up with boys as reckless drivers

Teen girl drivers...more reckless than boys? Teen girls were found to be even more reckless than boys by speeding, increased cell phone usage and music distrations.

Marion County Jury Awards $10.2 Million in Jay Scoots Wrongful Death Case

No amount of money can bring back a loved one after a tragic death.  Nevertheless, juries have the task of placing a monetary value on the loss of life caused by wrongful acts of others.  The awards they make help us place values on other claims.

A Marion County jury has recently awarded $10.2 million to the widow of a construction worker killed on the job while working on a road project on I-465.  Jay Scoots, 30, had fallen off the back of a moving flatbed trailer while part of a crew that was moving traffic-control signs.  The victim's employer had previouslty been fined by IOSHA for failing to provide safety training and for allowing the sign crew to ride in the back of an opent trailer.

While it is true that not every claimant should expect an award this large, the verdict does indicate that some juries are going to take the loss of life caused by a negligent acts of others very seriously.

Out Running the Ambulance Chasers authored by Bill Fawley, Esq.

ANNOUNCEMENT!  New Book Available to Help Injured People

 

I am happy to announce that I have just finished a new book called Outrunning the Ambulance Chasers.    You will enjoy it.  When you finish the book, you 

 

• Will be able to intelligently begin the process of determining whether or not you have a personal injury claim.
• Will know what to do at the scene of an accident.
• Will understand more of the basic terms of your auto insurance policy and how the policy works.
• Will know the easiest and cheapest way to protect yourself and your family from the potential devastating financial loss that can occur when you are injured or if you cause catastrophic injuries to others.
• Will know how to guard against the tactics employed by the insurance industry after you have been injured in an accident.
• Will understand the issues to consider in determining whether or not you need to hire a lawyer.
• Will know how to go about choosing a lawyer if you need one.
• Will know what to expect from a personal injury lawyer if you hire one.
• Will know who is behind the “tort reform” movement in this country.
• Will be able to correct your friends about the McDonald’s spilled coffee case.
• Will know how to keep from wrecking your claim at the doctor’s office.
• Will understand more about the fees charged by personal injury lawyers.

 

 

To order a free copy of the book email us at annettec@lawwarsaw.com

Medicare Law throws obstacles in the way of personal injury settlements.

New Medicare Law Adds Additional Obstacles to

Personal Injury Victims and their Attorneys

 

A new Medicare law may make it more difficult for plaintiffs and defendants to settle personal injury claims.  In December of 2007 President Bush signed the “Medicare, Medicaid and SCHIP Extension Act of 2007” into law.  The law requires the providers of liability insurance, and others, to determine the Medicare entitlement of all plaintiffs and report certain information about those claims to the Secretary of Health and Human Services.  This legislation reinforces the intention of the federal government to ensure that Medicare is the payer of last resort.  It is part of an ongoing transformation of Medicare reimbursement policy and practice and creates new challenges for lawyers and their clients in personal injury cases by adding another potentially time-consuming lawyer to the settlement process.

 

For more information visit www.garretsonfirm.com/MMSEA

Lawyer Advertising - The Debate Continues

            A complete ban on lawyer advertising was lifted in 1977 by the U.S. Supreme Court.  Since that time states, including Indiana, have added layers of restrictions on such advertising under the First Amendment’s commercial speech doctrine.

            Because personal injury attorneys have traditionally done their share of advertising most of the restrictions have been directed at them.  Rules are already in place that governs the method and content of attorney advertising.  Now the Board of Governor’s of the Indiana State Bar Association wants to limit when the advertising can begin.

            The Indiana State Bar Association is promoting a 30-day waiting period that would not allow a lawyer to advertise directly to a person or their family within a month of any accident or disaster for a personal injury or wrongful death action.  Read more.   It is interesting that Indiana trial attorneys who handle all kinds of injury claims are divided on the issue.  Some favor the ban, citing the possibility of undue influence, intimidation, and overreaching.  Others oppose it, believing that it will simply give unscrupulous insurance companies and adjustors a 30-day head start in orchestrating what may turn out to be an unfair settlement for the injured victim.

 Read more at:    
 http://www.theindianalawyer.com/html/detail_page_Full.asp?content=2604

 

 

Winter Driving

Winter Driving Conditions Already Upon Us 

            Even though we have barely cleared the Thanksgiving holiday, unseasonably cold temperatures are creating dangerous driving conditions across Indiana.  Don’t let the calendar fool you!  Freezing rain, ice, and snow should drastically alter your approach to driving no matter when Mother Nature chooses to send them our way.

            When weather conditions make roads slick we are tempted to blame the increased frequency of motor vehicle accidents on the weather.  But ice and snow do not cause automobile accidents.  People driving too fast on ice and snow cause accidents and personal injuries.  Slow down when road conditions are bad.  It will increase your chances of still being here to enjoy spring when it arrives. 

YOU MAY NOT BE IN "GOOD HANDS"

Allstate is in the news again.  According to a report released recently by the American Association for Justice, Allstate heads a list of greedy insurance companies that routinely refuse to pay just claims, employ hardball tactics against their own policyholders, reward CEO's with extravagant salaries, and continue to raise premiums while enjoying huge profits. 

 Visit www.sunherald.com/business/story/675669.html to see the top 5 offenders on the list (including State Farm at #4).

Allstate and State Farm sell a huge share of auto insurance policies in Northern Indiana, including many drivers in Kosciusko County.   Given the massive profits reported by these two insurance giants you would think that they could afford to be cooperative in resolving personal injury claims and protecting their own insureds.  Not so.   Judges, mediators, medical providers, and accident attorneys throughout our area have experienced extreme frustration in dealing with claims for injuries involving these two insurance companies.  Unfortunately, when injured people are hurting and need help the most, they are finding that they are in a war with their own auto insurance company.

Indiana Court of Appeals Helps Accident Victims in "Measure of Damages" Ruling

 

            Automobile insurance companies and lawyers who represent insured people in Indiana have long battled over what amount might be presented at trial as the medical expenses caused by a motor vehicle collision.    Plaintiff’s counsel (those who represent the injured person) has always advocated the position that the full amount of medical bills incurred was the relevant measure of the damages caused by the negligent driver.  Defense counsel (those who represent the drivers who caused the collision) has always maintained that the only amount presented at trial should be the amount paid not the amount billed.  They wanted the at-fault motorist to receive the benefit of any write-offs received by the injured person  that were negotiated by his own insurance company.  Obviously, this tactic could produce significantly lower recoveries by injured motorists by reducing the amount of the medical bills attributed to the injuries sustained in the accident. 

            Until recently Indiana law was unsettled in this area.  The Indiana Court of Appeals, Stanley vs. Walker, 888 N.E. 2d 222 (Ind.App. June 3, 2008),  recently made a finding that injured parties are allowed to present the full amount of medical expenses incurred as a measure of damages to a jury for verdict consideration.   

http://www.in.gov/judiciary/opinions/pdf/06030803cld.pdf

 

 

Smaller Cars May Increase Your Insurance Costs

Unintended Insurance Consequences of Switching to a Smaller Car 

            Cost conscious Americans in waves are downsizing to smaller vehicles.  The good news is that they are saving money on fuel costs and are reducing emissions.  The bad news is that they  may be switching to a vehicle that is less safe to drive, and as a result their auto insurance premiums are going up (“Downsizing: Switching to a Small Car Can Increase Your Insurance Bill.” 

www.insure.com/articles/carinsurance/small-car.html.  16July2008.) 

            Small cars are simply not as safe as larger cars and trucks.  They tend to get in more accidents than larger vehicles, which creates higher repair costs and more litigation costs resulting from personal injuries.  The size of the vehicle is not the only factor that causes more and larger insurance claims.  Because smaller cars tend to be less expensive they are driven by younger, higher-risk drivers.

 

DO YOU TEXT & DRIVE? DISASTER ON INDIANA HIGHWAYS!

Texting While Driving – A Recipe for Disaster on Indiana Highways 

            Indiana State Senator Dennis Kruse, R-Auburn, found out the hard way that speaking on a cell phone can be a distraction while driving when he lost control of his own vehicle while talking on his phone and ended up in a ditch.  That experience caused him to author Senate Bill No. 119, which proposes to make it a Class D infraction for a person less than 18 years of age to drive while using a hand-held mobile phone.  He hopes that once the bill gets a hearing that it can be expanded to include older drivers. 

            Even more disturbing, there is evidence that a huge percentage of drivers, especially young ones, are blending the tasks of driving and text messaging.  A recent Zogby poll revealed that 66 percent of drivers in the 18 to 24 age range confessed that they use their phones to text while driving.  Currently, only two states (Washington and New Jersey) have passed statutes prohibiting driving while texting.  Hopefully, Indiana will take the lead in eliminating this class of distracted drivers from our highways so that potential auto-related tragedies might be avoided.

 

Indiana Lawyers Restricted from Posting Accident Case Results

Indiana Lawyers Still Restricted from Publishing Case Results for Accident Victims

             Visit a personal injury attorney website or read a publication from almost any other state and you will find a section usually lacking from materials from most Indiana lawyers who handle accident claims; a CASE RESULTS or SETTLEMENTS/VERDICT section in which the lawyers list fact situations from real-life claims they have handled, including the results.  Not so in Indiana, according to the Indiana Supreme Court Disciplinary Commission.
            On September 4, 2008 the Indiana Supreme Court imposed a public reprimand on Indianapolis personal injury attorneys Scott Benkie and Douglas Crawford for engaging in attorney misconduct in the advertisement of their legal services.  In a firm brochure entitled "We Work for You," Benkie and Crawford described several prior successful representations by listing the area of law, client names, amounts recovered, and other facts.  

READ MORE
http://www.state.in.us/judiciary/opinions/pdf/09040801per.pdf

Expect more disciplinary actions in the future.  Despite the fact that Indiana lawyers who assist accident victims are prohibited from making self-laudatory statements, using any statement that is likely to create an unjustified expectation, and from making any statement that contains statistical data or any other information based on past performance or prediction of  future success, some lawyers even in Indiana, continue to ignore advertising rules by listing jury verdicts and settlement amounts they have recovered for injured clients.